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IN THIS ISSUE BULLETIN 09/2019
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LATEST HIGHLIGHTS
CASE HIGHLIGHTS

JAGVINDER SINGH MAGHAR SINGH v. MOTORDATA RESEARCH CONSORTIUM SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
BERNARD JOHN KANNY
AWARD NO. 1292 OF 2019 [CASE NO: 29(21)/4-1439/18]
26 APRIL 2019

DISMISSAL: Insolence – Gross insolence – Claimant failing to respond to the company’s warning and show cause letters – Reasons for the same – Whether it had amounted to gross insolence and insubordination – Factors to consider – Evidence adduced – Evaluation of – Effect of – His defence – Whether could be accepted – Whether the charge had been proven by the company against him – Whether dismissal without just cause or excuse – Industrial Relations Act 1967, ss. 20(3) & 30(5)

DISMISSAL: Insubordination – Claimant failing to comply with the company’s directives to undergo a medical examination – Whether the directive had been clear, unambiguous and a reasonable and legitimate one – Factors to consider – Effect of – What his conduct had shown – Whether his actions had constituted insubordination – His explanations – Whether could be accepted – Whether his dismissal had been justified under the circumstances

DISMISSAL: Misconduct – Whether the claimant had distributed the company’s confidential information to third parties without approval – Evidence adduced – Evaluation of – Effect of – Whether the charge had been proven by the company against him – Whether it had justified his dismissal – Whether dismissal without just cause and excuse

DOMESTIC INQUIRY: Representation – Claimant failing to attend despite being aware of it – Whether he had denied himself the right to be heard – Effect of

EVIDENCE: Documentary evidence – Findings of the DI – Whether perverse – Factors to consider – Effect of


RAJAKUMAR KUPPUSAMY v. ONE WORLD HOTEL SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
PARAMALINGAM J DORAISAMY
AWARD NO. 1304 OF 2019 [CASE NO: 30/7-427/19]
29 APRIL 2019

VARIATION ORDER: Award – Whether the applicant’s application to vary the Award ought to be allowed – Factors to consider – Effect of – Whether the Award had contained any ambiguity or uncertainty to its terms, that had justified a variation of it – Whether the IC by handing down the Award, had been rendered functus officio – Industrial Relations Act 1967, ss. 30(5) & 33(2)

LATEST CASES (ILR Issue 08 of 2019)
Award Parties Citation Links
  Palmamide Sdn Bhd & Anor v. Rajendiran Manickam & Anor
[Civil Suit No: BA-12BC-02-08-2017]
[2019] 3 ILR 209 cljlaw
labourlaw
  Sunway University College v. Mahkamah Perusahaan Malaysia & Anor
[Civil Appeal No: W-01(A)-210-06-2017]
[2019] 3 ILR 215 cljlaw
labourlaw
1011/2019 Kesatuan Kebangsaan Pekerja-pekerja Syarikat-syarikat Pembuat Keluaran Getah lwn. Rubberex (M) Sdn Berhad
[No. Kes: 10/2-484/17]
[2019] 3 ILR 230 cljlaw
labourlaw
1292/2019 Jagvinder Singh Maghar Singh v. Motordata Research Consortium Sdn Bhd
[Case No: 29(21)/4-1439/18]
[2019] 3 ILR 248 cljlaw
labourlaw
1304/2019 Rajakumar Kuppusamy v. One World Hotel Sdn Bhd
[Case No: 30/7-427/19]
[2019] 3 ILR 275 cljlaw
labourlaw
1319/2019 Nabil Abdul Malik v. Hufcor Maroshumi Sdn Bhd
[Case No: 28(14)/4-1257/18]
[2019] 3 ILR 282 cljlaw
labourlaw
1522/2019 Golden Sands Beach Resort Sdn Bhd v. Kesatuan Kebangsaan Pekerja-pekerja Hotel, Bar Dan Restoran, Semenanjung Malaysia
[Case No: 24(7)(13)/2-389/15]
[2019] 3 ILR 288 cljlaw
labourlaw
1523/2019 Marhaini Ariffin v. AmInvestment Bank Berhad
[Case No: 26(4)/4-547/18]
[2019] 3 ILR 353 cljlaw
labourlaw
1617/2019 Rajasekar K Suppiah & Ors v. Malaysian Airline System Berhad & Anor
[Case No: 12(1)/1-736/12]
[2019] 3 ILR 366 cljlaw
labourlaw
1634/2019 Kesatuan Kebangsaan Pekerja Perusahaan Petroleum Dan Kimia Semenanjung Malaysia v. BASF (Malaysia) Sdn Bhd
[Case No: 16/2-1585/17]
[2019] 3 ILR 394 cljlaw
labourlaw
To Subject Index
ARTICLE HIGHLIGHT

SINGAPORE BRACES FOR CHALLENGES IN THE JOB MARKET
Workforce grappling with twin challenges of ageing population, technological disruption
Singapore’s workforce is grappling with the twin challenges of an aging population and job losses due to technology. According to a report on the burden of disease in Singapore between 1990 and 2017, the Southeast Asian nation surpassed Japan in 2017 to become the country with the longest life expectancy at birth — at nearly 85 years old. Longer life expectancy, coupled with a low fertility rate, has increased the proportion of older people in the country. As a result, the city state’s workforce is rapidly shrinking, creating pressure on the economy.

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DELIVEROO SUED BY FORMER WORKER WHO ALLEGES EXPLOITATION AND UNDERPAYMENT
Food delivery giant Deliveroo accused of exploiting bicycle couriers
Food delivery giant Deliveroo is being sued by one its former workers in a case that could have major ramifications for the gig economy. The company is accused of exploiting its bicycle couriers by failing to pay the minimum wage, penalty rates and superannuation. Former delivery rider Jeremy Rhind will argue in the Federal Circuit Court, that he should have been paid an hourly minimum of $19.49. Instead, Deliveroo paid him $9 per delivery. Mr Rhind agreed to the "low rate of pay" because he was a keen cyclist who wanted to make "extra pocket money" to supplement his office job in Canberra.

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